hyperion dynamic

Terms of Use

This Terms of Use Agreement ("Agreement") is a legal agreement between you and Hyperion Dynamic and its Affiliates ("Hyperion"). By accessing and using this website or any other websites owned by Hyperion, You acknowledge that you have read, understand and agree to comply with the terms and conditions stated within this Agreement. If you do not agree to these Terms of Use, you may not use this or any other Hyperion website.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE HYPERION WEBSITE.

Hyperion reserves the right to modify, add to, or delete these terms and conditions periodically in its sole discretion. Your use of this website constitutes acceptance of the terms and conditions stated herein.

CONDUCT You agree that all the information posted or accessed will be used only for informational or educational purposes. There may be no commercial or other unauthorized use of any information and/or content available on this website. You agree not to engage in any conduct or action that is prohibited by law or violates any federal, state or local law.

PROPRIETARY RIGHTS All materials contained on this website are copyrighted by Hyperion except where explicitly noted otherwise. You acknowledge and agree that all content, including but not limited to text, video, sound, music, renderings, designs, movie trailers, graphics, film clips, photographs or other material contained in this website ("Works") is protected by copyrights, trademarks, service marks, patents, design patents or other proprietary rights and laws. You understand and agree that you may not copy, reproduce, republish, distribute, modify or create derivative works from these Works or otherwise use, transmit, upload, rebroadcast or publish in any form these Works other than as expressly authorized by this Agreement without Hyperion's prior, written consent.

TRADEMARKSAll registered and / or unregistered trademarks and/or service marks (collectively, "Marks") used or referred to on this website are the property of Hyperion, unless otherwise noted. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without Hyperion's prior written permission. The use of Hyperion's Marks on any other web site is prohibited.

LINKS TO THIRD PARTY SITESThis website may contain links to third party websites, which are not under the control of Hyperion. Hyperion makes no representations whatsoever about any other website to which you may have access through this website. When you access a third party website, you do so at your own risk and acknowledge that Hyperion is not responsible or liable for any content, advertising, products or other materials available from such third party websites. You also agree that Hyperion shall not be liable for any loss or damage of any sort incurred as the result of using any third party's website. Mention of third party companies and websites on the Hyperion website is for informational purposes only and does not constitute an endorsement or recommendation.

THE CONTENT AND WORKS ON OR OTHERWISE RELATED IN ANY WAY TO THE HYPERION SITE OR ANY THIRD PARTY WEBSITES OR SERVICES LINKED TO OR FROM THE HYPERION SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HYPERION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT OR WORKS WILL BE ERROR-FREE, THAT ACCESS WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE HYPERION WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION THAT MAY ARISE FROM USING THIS WEBSITE. HYPERION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST STEELMAN WITH RESPECT TO CONTENT, MATERIALS, OR WORKS OBTAINED FROM THIS WEBSITE OR ANY LINKED THIRD PARTY WEBSITES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT HYPERION SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OR WORKS ON THIS WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF HYPERION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

INDEMNIFICATIONYou agree, at your expense, to indemnify, defend and hold harmless Hyperion, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgments, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys' fees and expenses) incurred in connection with any claim, demand, suit, action or proceeding arising out of your breach of this Agreement or in connection with your use of this website or any product or service related thereto.

JURISDICTIONAL AND VENUE ISSUESYou agree that any action at law or in equity arising out of or relating to these terms of use or the Hyperion website shall be filed, and that venue properly lies, only in state or federal courts located in Clark County, in the State of Nevada, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that any material or Works on this website are appropriate or available for use in any particular location. Those who choose to access this website do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

You shall use your best efforts to cooperate with Steeman in the defense of any claims. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subjected to indemnification by you.

GENERAL PROVISIONS These terms of use shall be governed by and construed in accordance with the laws of the State of Nevada and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. In these terms of use, the word "including" is used illustratively, as if followed by the words "but not limited to." YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE HYPERION WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

LIMITATION OF LIABILITYYOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, HYPERION, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES RELATED TO PRODUCTS SOLD, SERVICES PROVIDED, OR THE OPERATION, CONTENT OR USE OF HYPERION'S WEBSITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, REVENUES, DATA AND USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, HYPERION'S WEBSITES OR ANY OTHER HYPER-LINKED THIRD PARTY WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.

RESERVATION OF RIGHTSAny rights not expressly granted herein are reserved.

HEADINGSSection titles in the Terms and Conditions are for convenience and do not define, limit, or extend any provision of the Terms and Conditions.

HOW TO CONTACT USIf you have any comments or questions, please do not hesitate to contact us at jon.champelli@hyperiondynamic.com or at 1-702-873-0221, or write us at:

Hyperion Dynamic
3330 W. Desert Inn Road
Las Vegas, NV 89102